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PEOPLE EX REL. SPINDEL v. LA VALLEE

33 A.D.2d 968 (1970)

The People of the State of New York ex rel. Bernard Spindel, Appellant, v. J. Edwin La Vallee, as Warden of Clinton Prison, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 26, 1970

REYNOLDS, J.

In that appeal appellant may raise the identical grounds he asserts here, and we find no reason of practicality or necessity asserted to justify review of the matters raised by habeas corpus while such an appeal is pending (People ex rel. Keitt v. McMann, 18 N.Y.2d 257, 262; People ex rel. Blyden v. Denno, 28 A.D.2d 683).

Judgment affirmed,...

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